Legal Question in Family Law in Arizona

If the wife filed for divorce in Aug and the divorce was to be final Oct 22 and the husband deceased on Oct 14. Does that make the divorce null and void and would the wife be considered the next of kin or will the children be next of kin? They were only married a few months and have no children together. The children were from a prior relationship.


Asked on 10/23/09, 4:07 pm

1 Answer from Attorneys
Rich Peters R.J. Peters & Assoc., P.C.

The Court loses "jurisdiction" on the date of death, and so the divorce MUST be dismissed under Arizona law. SO, Husband died married.

I cannot answer probate/estate questions, as I limit my practice to family court issues.

Please call or email if you have any further family court questions.

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 10/29/09, 4:01 pm


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